Design and Architects Resources Problem

how to find and engagae a design Professional to draw your house plans, The different type of designers available, How much they might cast and what services they provide.
Design Cast.
Getting what you pay for, A look at what it cast to have a house designed and what you can expect for the Fee.
designers Briefings and Contracts.
How to tell to the designer what you want to get and what your budget is.You will discuss what service a designer can provide and sign a Contract.
Custom Design.
we will look at different type of Designers ,architect,Architectural Designer and and architectural drafts persons.
Choosing the Designer.
Where to go to find a designer, You should have ahandy check list o select the best person among all for the job and also the professional indemnity and insurance.
Planing your design.
Gathering together your ideas for new homes, what to consider and where to go for inspiration.
Design Options.
We outline your options to have ahouse designed,group housing companies, design and build service and custom design.
Plans-A three Stage process.
Plans are developed over three stages providing more details over each stage until final plan is reched for building Consent and construction.

Getting Consent.

the two types of consent-

1-Builing Consent.

2-Resource Consent.

first is always needed and second is often needed.

Disputes With Designers.

what to do when something goes wrong with your project.

Contract Law

Having a contract with the people you engage to build your house or do other work around your home is extremely important. Some general rules about contracts and what to do if there is a breach.

General Rules about Contracts.

There are some general rules about contracts which are legally understood and apply

to any type of contract. See the section on contract law on consumer.org.nz.
The important thing about any contract, whether it is to buy a section or engage a designer or tradesperson, is to enter into a proper agreement that covers all the possible aspects of the arrangement and that you get it in writing. Legally, contracts relating to the sale of land, disposition of any interest in land (including leases) and charges or mortgages over land, must be in writing and signed by the parties to the contract.

Warranties Implied In Building Contracts.

In the Building Act 2004, certain warranties are implied in all building contracts, whether specified in the contract or not. These include the expectation that the work will be done competently and using suitable materials.

Breach of Contract By Building Scenario.

Suppose your builder has substituted cheaper wallboard than that stipulated in the specifications, without getting a variation signed by you, as required in the contract. This is a breach of contract. What can you do about it?
In reality, there are almost always differences between products and by substituting the wallboard the builder is essentially making a design decision and any responsibility the

designer has for the performance of the wallboard passes to the builder. So, if you are

not happy with its final ‘fitness for purpose’ you could apply to the Courts for an award of damages. If you have already paid the builder, you could sue for the difference in cost, or

for the cost of ripping out and replacing the substituted wallboard. You must be able to

satisfy the Court that you have suffered loss and you will be required to quantify that

loss.
If you haven’t yet paid you will be in a stronger position. You could refuse to pay the

difference between the cost of the wallboard you asked for and the savings the builder

made by using a cheaper product. Or you could negotiate for the builder to replace the

wallboard before you pay up.

Breaches by Subcontractor.

What happens when you think a subcontractor, say the roofer, has done a poor job?

You should approach the main contractor, usually the builder. This is essentially a breach

of the builder’s contract with you. Don’t go directly to the subcontractor. If things aren’t

fixed to your satisfaction you could sue the builder who could, in turn, sue the roofer for

breach of their contract.
What happens if your main contractor has gone into liquidation? Can you seek redress

from the roofer directly? There is no contract between you and the roofer, so you can’t

take action for breach of contract. But you may be able to sue for negligence. And you

may be able to take action under the Consumer Guarantees Act. To be successful in a

claim for negligence you would have to prove that the roofer owed you a duty of care to

do the work to a satisfactory standard, which they breached, and as a consequence

you suffered some loss (which was not too remote). For example, you may have needed

to pay someone else to fix the problems. Whether the subcontractor does owe you a duty

of care depends on the facts which will be decided by the Court.

Liability of Builder.

The liability of the builder was discussed in the Courts in the case of Riddell v Porteous

(1999). The Riddells built a house hiring a builder, Mr Porteous, under a labour-only

contract. The Riddells later sold the house to the Bagleys who discovered rot in the deck

due to leaking. It was found that the deck had not been built according to the building permit. The Bagleys sued the Riddells for the expense of fixing the problem. The Riddells sued the builder for breach of his contractual obligation to build the house in compliance with the permit and fit for its intended purpose. The Riddells also sued the council for negligence in

not carrying out the final inspection.
The Court held that the builder was in breach of his contractual obligations to the

Riddels, therefore Mr Porteous was liable for the cost of the remedial work that the

Bagleys were claiming from the Riddells. He was entirely in charge of the building

contract despite the fact he was being paid on a labour-only basis.
In relation to the council, the Court held the council was liable to the Riddells for

negligence in not carrying out the final inspection.

Fair Trading Act 1986.

The Fair Trading Act 1986 may provide you with remedies if the people supplying you with goods and services mislead you or make false representations.
How it applicable to house building?
The Fair Trading Act 1986 (FTA) prohibits:
a)- Misleading or deceptive conduct.
b)- False or misleading representations.
c)- Unfair trading Practices.
It applies to anyone in trade and to the goods or services they sell, or offer for sale.
The FTA treats goods and services in essentially the same way. It covers all advertising and selling of goods and services. It does not cover private sales.
a)- Misleading or deceptive conduct.
You have been misled or deceived if the information you receive about goods or a
service gives you a false impression.
For example, you see an advertisement in the paper for granite benchtops. You order
one and when it arrives you find it is only granite veneer. Or a real estate agent takes
you to look at a section. You buy it but discover part of it belongs to the neighbours.
In the examples above, both the shop selling the benchtops and the real estate agent
misled you.
b)- false or Misleading Representations.
You have had a false representation made to you when the information you receive
about goods (or services) is untrue.
For example, you see bathroom vanities advertised at $250. You order one and when
it arrives you are billed $350. The supplier claimed the goods were cheaper than they
really were.
Or a tradesperson tells you that he or she is a member of a trade association when he or
she is not.
Or a builder gives you a quote, but fails to tell you that GST was not included, so
the final bill is a lot higher than expected. The builder has breached the FTA,
by making a false or misleading representation about the price of goods or services.
c)- Unfair Trading Practice.
An unfair practice is a selling method which is misleading or unfair.
For example, you make a decision to buy a package for a section and house because
the company is offering a trip to Fiji with every package sold. But when you receive the
details you find that the 'free' trip does not include airfares! The prize is not the same
as the one they offered.
Remedies under FTA.
Where a trader breaches the FTA and you suffer a loss as a result you can claim your
losses from the trader through the Court or You could also make a complaint to the
Commerce Commission (whether or not you have suffered loss). Its role is to enforce
the FTA by investigating and prosecuting traders. You can send your complaint
to the Commission via its website
The Commerce Commission can:
1)- Apply for a Court order to stop the offence continuing.
2)-Prosecute and fine the trader.
3)- Ask the Court to order compensation for consumers who have suffered loss.
4)- Ask the Court to require traders to publish advertisements correcting false or misleading statements.


The Commerce Commission can:

Cross Lease against FreeHold Title.

A cross lease is where a number of people share in the ownership of a piece of land (as tenants in common which means they can sell, or pass on their share in their will).

The homes that they build on the land are actually leased from the other land-owners.

The houses are usually flats or townhouses. For example, if you purchase a flat in a

three flat development that is a cross lease, you will become the registered

proprietor of:
1)- An undivided one third share in the land and buildings (as tenant in common in

equal shares) with the other owners of the other two flats, and
2)- A long term lease, from all three of the tenants in common (including you), for your particular flat.

Disadvantages of Cross Leases.

The problem with this type of ownership is:
a)-The rights of the owner depend on the terms of the particular lease, which has usually

been arranged by a developer who built the development but now has no further interest

in it.
b)- The usual term of a cross lease is 999 years, whereas the physical or

economic life of the house will be a lot shorter.
c)- You must comply with the covenants set out in the lease - if you fail to comply,

the other flat owners may be able to compel you to sell your undivided share in

the fee simple title.

d)- You will usually need to get the unanimous support of all the owners of the cross leased homes to make any kind of decisions for example, decisions concerning common spaces such as driveways or car parking areas. If agreement can’t be reached it might involve a lengthy arbitration.
e)- When homes are altered, unless the cross lease and building plans are changed, the original cross lease will not include the alterations without additional surveying and legal costs.

f)- Furthermore, you will need to get the agreement of the other lease-holders before you can do the work. Most cross lease owners believe that their title is as good as an ordinary freehold title without understanding all the implications.

converting from Cross lease to freeholt Title.

If there are real problems with your home being built on a cross lease title, there is the

option of changing the title to freehold. A freehold title gives the owner exclusive

rights of use and enjoyment of the land, and is the most common form of ownership for

land in any country.
You should see a lawyer about converting the title. Converting from cross lease to

freehold title is very complicated and may be expensive as essentially all the cross leases will need to be converted. Be aware of the need to comply with the requirements of the district

plan (for example, the distance between the houses) and that a new survey plan will

need to be approved by your local council. You will need to get subdivision consent and consent

of all of the other owners.

unit Titles.

Unit titles were created (under the Unit Titles Act 1972) to allow people to own an

apartment in a building and to allow for multiple ownership of the common spaces

and facilities, such as driveways and lifts.
A unit title can be bought and sold, or leased or mortgaged. It is made up of

three components:
a)- Ownership in the particular units (which can be the apartment and the car park).
b)- An undivided share in the ownership of the common property.
c)- An undivided share in the ownership of the units if the unit plan is cancelled.

The unit owners own the common property as tenants in common so that when the

unit owner dies, their share does not revert to the other owners but passes on

to someone else, according to the terms of that person’s will. Each owner’s share in

the common property is proportional to their ‘unit entitlement’.
A body corporate arranges the upkeep and insurance for the building, paid for

out of money levied on the owners.

Health and Safety in Employment Act.

We look at the legal requirements for keeping people safe on building sites and investigate the responsibilities that homeowners have under the law.

HSEA states that.....

The purpose of the Health and Safety in Employment Act 1992 is to keep workplaces safe and healthy for everyone who goes onto them. A building site comes under the definition of a place of work. The Act places duties on people who either control the work or engage others to do the work. This means that employers, or the person controlling the work (usually the builder and subcontractors, and sometimes the owner), have responsibilities under the Act.

To keep places of work safe, the Act has very strict rules about identifying and managing potential hazards. Where hazards are identified (a hazard is something that can cause harm to someone) then the person controlling the workplace must:
1)- Eliminate the hazard if possible.
2)- If that is not possible, isolate the hazard.
3)- If that is not possible, minimise the hazard.

One example is excavations filling with water, which members of the public (including you or your family) could fall into. The builder, if responsible for the work site, should either:
a)- Eliminate the hazard by filling in the hole, or drain the water and cover the hole over.
b)- Isolate the hazard by surrounding the hole with fencing strong enough to keep people out.
Minimising the hazard is not really an option in this case.

The employer has to take all reasonable steps to make sure the work done on the building site is carried out in a safe manner. This includes having a health and safety plan for the site, putting up barriers, fences or other safeguards to stop unauthorised people entering, and making sure employees:
1)- Have the right training to do the work.
2)- Follow all relevant safety procedures.
3)- Use tools, equipment and scaffolding in a safe manner.
4)- Safely store and secure all materials, plant, equipment and tools.

The Act is primarily administered by the Occupational Safety and Health Service, which is part of the Department of Labour.

Responsibilities Under the Act.

1)- Building a new House.

When you hire someone to build your home you become a principal under the Act. A principal must take all reasonably practicable steps to ensure that no contractor or subcontractor, or their employees, are harmed while doing any work on the house site.
To fulfil your duties as a principal there are a few things you can do:

a)- Make sure the main contractor keeps the site fenced.
b)- Make sure the main contractor has a health and safety site plan. Ask to see a copy before you sign the contract.
c)- Make sure there is always someone in charge – with subcontractors coming and going, it won’t always be clear who is managing health and safety on the site at any point in time so you need to make sure there are clear lines of responsibility.

If you bring a group of friends on site to do some of the work, the builder will not be responsible if one of them gets hurt. For example, should you organise a working bee to do the painting while there are still workmen on the site, and one of your friends collides with the electrician and is impaled on the drill he was using, under the Act you may be responsible for those injuries.

Renovations and Repairs.

A person already living in the house, who hires people to do repairs or renovations, is not a principal under the Act, i.e. house occupiers are excluded from liability under the Act.

Health and Safety Site Plan.

Your main contractor’s health and safety site plan should include:
a)- is responsible for health and safety on site.
b)- Identification and control of potential hazards.
c)- Posting of notices and warnings of potential hazards.
d)- Restriction of access to the site to authorised people only.
e)- Guidance on ensuring a safe working environment at all times, for example, avoiding stacking things that could topple over.
f)- Instruction in safe methods and practices.
g)- Provision for safety meetings.
h)- Safety audits on plant and procedures.
i)- The recording and investigation of accidents.

Final suggestions.

When you are having a house built or renovations done, make sure you keep yourself,

along with other family members and visitors safe from the hazards on the building site.

Typical hazards include crushing, dust, electrocution,

exposure to chemicals, and falls.
Do what the builder or contractor asks in relation to safety on the building site. If they ask

to keep the children out of certain areas, even if you are living in part of the house, you have

to do what they say, not only for the safety of your children but also because if something happens to harm them, the builder or contractor could be liable.
So make sure everyone, especially the children, knows which areas are out-of-bounds.

Land Titles

A Certificate of Title is evidence of your ownership in your property – it also has other important information about your rights and other people’s interests or rights in your land.

Certificate of The Title.

A Certificate of Title (CT) is a record of who owns or has an interest in land .There are four main categories in relation to land:
1- Freehold (types are: fee simple, life estate or stratum estate).
2- Leasehold (you can also have a stratum estate in leasehold).
3- Unit title or cross lease (the ownership flat situation).
4- Company lease or licence (note that a licence is not a title, but a right to enter land).

Regardless of the type of interest Anyone can get a copy of a CT by having the correct Land District and the title number. Or you can get someone else to do the search for you. There are many search agents available. Look in the Yellow Pages under Real Estate Agents, Property Management, Land Information, Resource Management, Document Services, Legal Agents, Lawyers, and Surveyors.

If you are doing the search yourself, To find the CT number, you can either go to your local council with the street address and ask for help to find the legal description off the rating records,You will need the legal description of the property, for example, Lot 1 DP 1234, which you can get off rating records.

Once you have a number, you can either order a copy of the CT from aprocessing centre or online through the service website or you can post or fax in a request. A small fee is payable. You should get a copy of the CT within 36 hours.

The CT will give you the size and general shape of the site, who owns it and whether there are mortgages, leases, right of ways or other interests registered against the title.

Title Insurance.

When you complete the purchase of your section or property, you become the registered proprietor. However, this does not protect you from problems that do not appear on the title such as:
1- Your neighbour encroaching part of your land.
2- Misplaced fences and rights of way.
3- Drainage and access problems.
4- Matters omitted from the LIM such as sacred Maori sites.

These could mean additional building costs or may even prevent you from building.
You could simply take out the cover and not bother to do the leg-work of checking the LIM, the council records and running it past your lawyer. However, it is sensible to do this work to satisfy yourself that the section is going to be suitable and nothing will prevent you building your house on it. But consider insurance to cover those things that may have escaped the most diligent search of you and your lawyer.

The cover is for as long as you own the land and it's not necessary to prove anyone was at fault to make a claim.?

Landscaping of the House

Consider whether you will do the landscaping yourself or employ professional help. Some ideas for garden features and what work might need building and resource consents.

Available Resources.

A well-designed garden can be a perfect setting for your new house. It can provide pleasure and useful indoor/outdoor living space, save you time and effort if it is designed for easy care, and will also add value if you decide to sell.
For many people it is not until they move in and face the mud and piles of dirt surrounding their new home, that their thoughts turn to landscaping.
Registered architects and some designers are trained in landscaping, and when you hire one to design your new home you can choose whether to include this service in your brief with them. This might be particularly important if you start out with a vision for the entire finished project.
Similarly, if you are having your house built through a group housing company, the package may include some basic landscaping, such as driveways and paths.
If you are doing it yourself, for many people it can be a pleasure to spend weeks, months and, more likely, years planning, digging and organising their garden and outdoor areas. Others are happy just to put in some lawn and a few necessary paths, and forget about it.
If you decide to do your own landscaping, it pays to have a plan – draft up where the clothesline will go, the paths and the garden beds. See if it works on paper. This could save you a lot of hard work shifting things around later when you find it doesn’t work as you envisioned.

Professional Landscape Designer.

If you don’t want to design your garden and/or do the work yourself, you can employ a professional landscape designer.
To find and employ a landscape designer you need to follow a similar process to finding and briefing your architect or designer.
Look in the Yellow Pages and search the web for names. Ask for referrals from friends, family and colleagues or your local garden centre. If you see a garden you admire ask the owner who they used. When you get a shortlist, you can meet with each of them and get an idea of their prices.
Find a designer that you like and that listens to you. Have magazines, pictures, books or photos of designs you like. The garden is one area where you can really express your personality. But give the designer room to make suggestions about layout, plants and features.
You need to be able to give them ideas about your lifestyle – are you the outdoor barbeque type of person? Do you love gardening or do you want something that will just take care of itself? What sort of garden do you like – cottage, formal or native for example? What features do you want - paving, fencing, a pool, fishpond, glasshouse, spa, or gazebo? Is privacy from the neighbours and the street important to you?
The type of soil and exposure to the elements will dictate what will be best for your location.

Registered landscape architects.

Landscape architects are trained in landscape design, contract documentation and supervision. They often won’t do the actual work, but can help you choose and invite tenders from landscape contractors, organise the contract and oversee the project for you.
Their fees will reflect the scope of services required, the time that it will take to complete the work, and their expertise.

Garden Features.

Like gardening, many people enjoy building outdoor features. There are
lots of readily available magazines specialising in landscaping to give you ideas. Your local library is a good source of information.
But if you don’t have the skill, time or inclination, you can employ others to do the paving, concreting, plastering, fences and even to sow the lawns, make gardens and paint.
Ideas for garden features include:
1- Paving and pathways: concrete, tiles, concrete pavers, wooden decking, stones, pebbles, shells.
2- Fences, walls and screens: for privacy and to create ‘rooms’ in the garden. These features should meld with the materials and style of the house.
3- Water features: fish ponds, fountains, pools and spas. They need advance planning as earth will need to be dug out and water systems put into place. Be aware of fencing requirements for pools.
4- Lighting: for security, effect and safety.
5- Art and sculpture: sundials, statues, birdbaths.
6- Areas for compost, rubbish bins, clotheslines, tool sheds, glasshouses. Best put in areas out of the way.
Building Consent For Garden Features.

Some outdoor and garden features will need building consent. Under the Building Act 2004, building work includes:
1- Building decks one metre or more in height above ground level.
2- Building retaining walls that:
a- Are above 1.5 metres in height above ground level.
b- Will retain driveways or structures regardless of height.
3- Plumbing or drainage work that is not routine maintenance.
4- Construction or installation of swimming and spa pools.
5- Installation of roof, wall and free-standing communications aerials.
6- Construction of ‘substantial structure’ fences, i.e.
a- A fence constructed of concrete, block-work, steel, etc which requires heavy foundations; or
b- A fence of any other type of construction over two metres in height.
7- Building garages or garden sheds over 10 sqm.
When you apply for building consent, you will be given the P(PIM) which contains all the information relevant to your landscaping project. It is a good idea to apply for a PIM before you get building consent so that you have all the information about the site at hand, as this could affect your planning.
If you are working with a landscape professional, they should be able to advise you about PIMs and building consent, and may apply on your behalf. Or contact your Building Consent Authority first and find out if building consent is needed for your proposed garden feature.

Resource consent.
You may also need resource consent before building or installing some features. For example, you may need resource consent to remove a tree so you can build a fence, or your neighbour’s consent may be required to put in a garden shed that will block their light or line of sight
You may already have a copy of the Land Information Memorandum (LIM) from when you bought the section telling you where stormwater or sewage drains are and any special features that the land might be prone to, such as erosion or flooding.
If you have any doubts, it is best to check with your local council first and find out if building consent is needed for your proposed garden feature.
Taking care with ground levels.
Make sure, when building garden beds close to the house, that the ground level stays below the floor level – failure to do this contributes significantly to leaky home problems.
For timber floors, outdoor ground levels must not be built up higher than the ground levels under the house. For concrete floor slabs outdoor paved areas must be 150mm below the slab and gardens must be 225mm below the top of the slab.

Buying a house or any section

This section looks at ensuring the building you want to buy is structurally sound. When

buying a new home you should also do some careful research into the location, the value of the property, and whether there are any restrictions on the title or the use of the land.

Doing the research
You may look at dozens of houses before you buy or only a few. Either way, you can find the right home with thorough research. We look at the important matters to investigate.

Property inspections
You have found a home that you are keen to buy. A professional property inspection is
recommended, next.

Homes with weather tightness issues
We suggest what to look for to avoid buying a leaky home.

Buying an apartment
Apartments require special consideration before purchasing. We look at why and

recommend steps to invest carefully.

Further research & making the move
When you’ve found the home you want, it checks out structurally, and has all the features

you need, the next steps are to check all the paperwork, get an agreement in writing to buy, arrange the finance and make the big move.
When buying a section, there’s a lot to consider, from location and access to legal and consent issues.

We take you through the process, pointing out where to get as much information as you can about the site. We suggest features to look for and to avoid, and explain what paperwork and legal processes are involved.

Choosing a section
What to consider in your initial inspection of a section, and how the location of your section can affect building costs.

Doing the research
Our handy checklist of things you need to investigate and arrange before you buy.

Certificate of title & restrictions on use.
What the certificate of title will tell you, how to get one and possible restrictions on the

use of the land.

District plans & resource consents.
Before buying a section, you need to find out what is in your district plan, and what

resource consents you might need.

LIMs & council files.
What’s in a LIM, how to get one and find out what else is on the council’s files.

Ground stability, surveys & valuations.
Deciding whether the ground needs testing by an engineer, taking into account wind zones, whether the section needs surveying, and how to get a valuation.

Environmental zones.
Wind, earthquake load and other environmental factors will determine your home’s

design and maintenance requirements.

Sale & purchase agreement.
What should be in the legal contract for purchasing a section, and getting legal advice

before you sign.

Adjudication

If you don’t pay because you are disputing the scheduled amount, you can use the
adjudication procedure introduced by the Act.
The Act provides a fast-track adjudication process for disputes. The only disputes that
can be referred to adjudication are those which relate to payments under the contract
and any disputes you have about the rights and obligations of the parties under the
contract.
The adjudicator can make a decision within a very tight timeframe and the decision is
binding on both you and the contractor. It is also enforceable as a Court judgment
giving access to the normal range of enforcement procedures. The contractor can also
ask the adjudicator for a charging order over the building site.
Nothing in the Act, however, prevents both parties from first submitting a dispute to
another form of resolution, such as the Courts, arbitration or mediation.
How To Start An Adjudication.
Whoever starts the adjudication process must serve a written notice of adjudication
on the other person giving details about the dispute and the names and addresses
of both parties for service of the legal documents. If it is the builder starting off the
adjudication, (and the building is not a commercial property), the builder’s notice
must also:
1)- Explain to you your rights and obligations in the adjudication process.
2)- Briefly describe that process.
If the builder’s notice doesn’t do this, the notice will have no legal effect. This additional information for home-owners must be in the form set out in the Schedule 1, Form 2 of the Construction Contracts Regulations 2003 available on the
Government Legislation website.
The Adjudication Process.
The steps in the adjudication process are:
1)- An adjudicator is chosen – either you and the builder/contractor agree on one, or
one will be chosen for you.
2)- Once an adjudicator has been chosen, whoever started the process has five
working days to refer the dispute to the adjudicator in the form an adjudication
claim (which is also served on the other party), giving the details about the dispute.
3)- After the adjudication claim has been received by the other party, that other party
has five working days to respond to the adjudicator about the adjudication claim.
You will also receive a copy of their response.
4)- You can appoint a lawyer to represent you if you wish.
5)- The adjudicator can:
- Require you and the builder/contractor to make written submissions and
provide copies of documents.
- Appoint an expert adviser to report on specific issues (you must be notified first).
- Call a conference.
- Inspect any construction work (but only with your consent or, if you’re
the landlord, the consent of your tenants; you can’t unreasonably withhold consent).
- Make a decision and give both parties a copy with the reasons for the decision.
- Order payment of an amount of money.
- Order one party to pay the costs of the other party.
6)- If you or the builder/contractor doesn’t pay any amount ordered, the other
person can take it to Court to recover the amount as a debt.

A review of the Building Act was initiated in August 2009. This review is part of the Better Building Blueprint, a series of measures that will make it easier and cheaper to build good quality homes and buildings.
In the first phase of the review, the Department of Building and Housing worked with representatives of the building and construction industry, local authorities, and home owners,
to identify what could be done. They found that there have been much-needed improvements in the quality of building work since the Act was introduced in 2004, but the system was more costly than necessary and less efficient and effective than it could be.
The Building Act 2004.
We look at the changes introduced by the new Building Act 2004 and what this will mean for consumers.
Implementation of The 2004 Act.
When do the new initiatives introduced in the Building Act 2004 come into effect,
and what happens to building work currently underway?
Building Consents.
Applying for building consent is an essential step in any building project. We explain
the process - how to apply, what to include in your application, what happens if you
don't get building consent and how to apply for a code compliance certificate when
the project is finished.

Arbitration Act 1996.

The Arbitration Act 1996 (the ‘Act’) cameinto effect on 31 January 1997. The Act
applies to arbitration proceedings commenced on or afterthat date.The Act is expressly
stated to be Construed inaccordance with three principles which are:
(a)the object of arbitration is to obtain the fair resolution of disputes by an impartial
tribunal without unnecessary delay or expense;
(b)the parties should be free to agree how their disputes are resolved, subject only
to such safeguards as are necessary in the public interest;
(c)the court should not intervene in arbitrations save as expressly provided in the Act.
Agreements to be in Writings.
Part I applies only where the arbitration agreement is in writing. The writing can
simply be evidence of an agreement, rather than the agreement itself. The agreement
does not have to be signed by the parties. It can be made by an exchange of
communications in writing. It caneven be made orally but by reference to written
terms or by exchange of written submissions inarbitral or legal proceedings.
Oral agreements remain outside the scope of the Act but may be enforceable under
common law. Variations of an arbitration agreement must also be in writing and
any agreement to exclude or vary the non-mandatory provisions of the Act
must certainly be so.
Jurisdiction.
Unless otherwise agreed by the parties,arbitrators may rule on their own substantive jurisdictions which would include such questions as, for example, whether there was
a valid arbitration agreement. However, any decision by the arbitral tribunal may be
subject to review by the court, although objection must be taken in the arbitration
before a party takes a step to contest the merits of the case.
Procedure.
One of the themes which runs through the Act, is that of party autonomy: within certain bounds,the parties are free to agree the arbitral process they chose. The most important expression of this idea in the Act provides that although it is for the tribunal to decide
evidential matters this is subject to the right of the parties to agree on any matter. It is only where there is no such agreement that the tribunal will decide the procedure. This could even involve actinginquisitorially.the procedure includes evidence. It is therefore for the parties to decide, for example, whether they wish the strict rules of evidence to apply. If the
partiesare not agreed on this issue, however, the Act allows the tribunal to disapply
the rules of evidence. This gives a valuable opportunity to lift the burden of a number of technical rules off the arbitrators and the parties in what is, after all, intended to be a more informal procedure than litigation.
The flexibility of the procedure which can be adopted as regards exchange of witness
statements of case, disclosure of documents and the like allows the procedure
to be adapted to the circumstances of each case.
The Basis for decision.
An innovation brought in by the Act is to allow the arbitral tribunal to decide the dispute either inaccordance with the law chosen by the parties or (if the parties so agree in writing) “in accordance with such other considerations as are agreed by them or determined by the tribunal”. The traditional stance of English arbitration law has been that, subject to minor exceptions, arbitrators must apply the law.The words quoted are intended to allow awards to be made on general equitable principles.
tribunal Powers.
The Act confers a number of powers on the arbitral tribunal unless parties otherwise agree. Forexample, the tribunal will have the same powers as the court in order to grant an injunction or order specific performance. The parties may agree to give the tribunal powers which are not available to the courts. These powers must not be contrary to public policy, otherwise problems with enforcing the award may arise.
Conclusion.
The 1996 Act represents a significant advance in arbitration law. It puts more power in the hands of parties, while at the same time imposing obligations on them and the tribunal to achieve what arbitration was always supposed to be able to do: to provide an efficient and cost-effective means of dispute resolution. This booklet contains a general description of the provisions of the Arbitration Act 1996. It is designed for guidance only and not as a substitute for specific legal advice.

Employee Responsibilities.

according to the family and medical leave act (FMLA).
Emplyeemust provide 30 days advance notice of the need to take FMLA leave
when the need is foreseeable. When 30 days notice is not possible, the employee must
provide notice as soon as practicable and generally must comply with an employer’s
normal call-in procedures. Employees must provide sufficient information for the
employer to determine if the leave may qualify for FMLA protection and the anticipated
timing and duration of the leave. Sufficient information may include that the employee is
unable to perform job functions, the family member is unable to perform daily activities,
the need for hospitalization or continuing treatment by a health care provider, or
circumstances supporting the need for military family leave. Employees also must inform
the employer if the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees also may be required to provide a ertification and
periodic recertification supporting the need for leave.
Responsibilities includes....
Covered employers must inform employees requesting leave whether they are eligible
under FMLA. If they are, the notice must specify any additional information required
as well as the employees’ rights and responsibilities. If they are not eligible, the
employer must provide a reason for the ineligibility.Covered employers must inform
employees if leave will be designated as FMLA-protected and the amount of leave
counted against the employee’s leave entitlement. If the employer determines that
the leave is not FMLA- rotected, the employer must notify the employee.
Unlawful Act by Employers.
FMLA makes it unlawful for any employer to:
1)- Interfere with, restrain, or deny the exercise of any right provided under FMLA;
2)- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement.
An employee may file a complaint with the U.S. Department of Labor or may bring
a private lawsuit against an employer.FMLA does not affect any Federal or State law
prohibiting discrimination, or supersede any State or local law or collective
bargaining agreement which provides greater family or medical leave rights.

Employee Rights.

this comes under the family and Medical leave Act(FMLA).
Basic Leave Entitlement.
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to eligible employees for the following reasons:
1)- For incapacity due to pregnancy, prenatal medical care or child birth; • To care for the employee’s child after birth, or placement for adoption or foster care; • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
2)- For a serious health condition that makes the employee unable to perform the
employee’s job.
Military family leave Entitlements.
Eligible employees with a spouse, son, daughter, or parent on active duty or call
to active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12-week leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include attending certain military events,
arranging for alternative childcare, addressing certain
financial and legal arrangements, attending certain counseling sessions, and
attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to
take up to 26 weeks of leave to care for a covered servicemember during a single
12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically
unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or isor is in outpatient status; or is on the temporary disability retired list.
Benefits and Protections.
During FMLA leave, the employer must maintain the employee’s health coverage
under any “group health plan” on the same terms as if the employee had continued
to work. Upon return from FMLA leave, most employees must be restored to their
original or equivalent positions with equivalent pay, benefits, and other employment
terms. Use of FMLA leave cannot result in the loss of any employment
benefit that accrued prior to the start of an employee’s leave.
Elegibility requirements.
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
Defination Of serious health Condition.
A serious health condition is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee
from performing the functions of the employee’s job, or prevents the qualified family
member from participating in school or other daily activities. Subject to certain
conditions, the continuing treatment requirement may be met by a period of incapacity
of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the
definition of continuing treatment.
Use of Leave.
An employee does not need to use this leave entitlement in one block. Leave can
be taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer’s operations. Leave due to
qualifying exigencies may also be taken on an intermittent basis.
Subsitution of Paid leaves for unpaid Leaves.
Employees may choose or employers may require use of accrued paid leave while
taking FMLA leave. In order to use paid leave for FMLA leave, employees must
comply with the employer’s normal paid leave policies.

Food Production Safty ACt 2000

An act to establish safe food Production and provide for food safty matters relating to the production of Primary food produce and for other purposes.
Main OThe main objects of this Act are—
(a) to establish Safe Food Production QLD; and
(b) to ensure the production of primary produce is carried out in a way that—
(i) makes the primary produce fit for human or animal consumption; and
(ii) maintains food quality; and
(c) to provide for food safety measures for the production of primary produce consistent with other State laws relating to food safety.

Exemption from application of Act.
(1) This Act does not apply to primary produce or the productionof primary produce—
(a) at premises on or from which primary produce is sold byretail, other than—
(i) meat retail premises; or
(ii) other premises on which the production of primary
produce is the predominant activity carried out onthe premises; or
(b) in vehicles on or from which primary produce is sold byretail, other than—
(i) meat retail vehicles; or
(ii) other vehicles in which the production of primaryproduce is the predominant activity
carried out in the vehicle.
(2) Also, this Act does not apply to—
(a) primary produce possessed by an individual for theindividual’s own use, unless
the produce is moved fromthe place at which it was produced; or
(b) the production of primary produce carried out by an individual, unless the produce is—
(i) supplied, or intended for supply; or
(ii) used, or intended for use, as food for paying guests; or
(iii) moved from the place at which it was produced.

Meaning of primary produce.
(1) Primary produce means—
(a) food produced by the production of primary produce; or
(b) an animal, plant or other organism intended for humanor animal consumption; or
(c) raw material taken from an animal, plant or otherorganism for food; or
(d) a substance, other than food—
(i) that is labelled as not intended for consumption byhumans or animals; and
(ii) that the Minister is satisfied—
(A) is likely to be consumed by humans oranimals; and
(B) if consumed by humans or animals—poses afood safety hazard to the humans or animals;
and
(iii) that is prescribed under a regulation to be primaryproduce.
(2) However, primary produce does not include a raw materialmentioned in subsection (1)(c) unless the raw material is insubstantially the same condition as when it was taken from the
animal, plant or other organism.

Meaning of production of primary produce.
(1) The production of primary produce includes the following—
(a) the growing, cultivation, picking, harvesting, collectionor catching of animals, plants or other organisms;
(b) the transportation or delivery of primary produce;
(c) the freezing, packaging, refrigeration, storage, treatingor washing of primary produce.

Defense Production Act.

The Defense Production Act (DPA) was created at the outset of the Korean War to

ensure the availability of the nation’s industrial resources to meet the national security

needs of the United States by granting the President powers to ensure the supply and timely delivery of products,materials, and services to military and civilian agencies.
The DPA codifies a robust legal authority given the President to force industry to give

priority to national security production and is the statutory underpinning of governmental review of foreign investment in U.S. companies.
DPA authorities are not permanent. Rather, they are time-limited, undergoing

periodic amendment and reauthorization. Of the seven titles contained within the

Original Act, four have been repealed. In 2008, it was reauthorized the

remaining titles of the DPA through September 2009.
opportunity to examine whether DPA authority would remain useful as both U.S.’s economic
policies and the nation’s defense industrial base adapt to changing strategic, defense, security, and
industrial realities.
The DPA was originally crafted as a comprehensive economic and industrial policy approach to
an immediate wartime emergency. Over time, the statute’s scope has narrowed considerably while the nature of the threat to national security, the organization of the military services, and the supporting industrial base have fundamentally transformed.
Assessing the future efficacy of the DPA in its current or some amended form would be a difficult
and complex undertaking. Some could take a position that the domestic industrial base the Act
supports no longer exists, having become part of a globalized system of trade and international
relationships, particularly with political allies aligned with the United States. Others might argue
that international trade and technology partners, no matter how closely allied with the United
States, might prove unreliable in crises, and that the DPA represents the best means to ensure that
domestic resources are available when needed most.

Legal Issues Relating to Building And Construction.

In this section, we look at some of the other key legal issues you need to be aware of when building and renovating houses, including contract law, paying your builder under the Construction Contracts Act, your rights under the Fencing Act, dispute resolution, and more
Fencing Act.
Fencing your property and dealing with your neighbours. What are your rights and responsibilities and who pays?
Contract Law.
Having a contract with the people you engage to build your house or do other work
around your home is extremely important. Some general rules about contracts and what
to do if there is a breach.
Fair trading Act.
The Fair Trading Act may provide you with remedies if the people supplying you with
goods and services mislead you or make false representations.
Construction Contracts Act.
This Act deals with payments due under construction contracts. Find out what your rights and responsibilities are and how to use the adjudication process under the Act if you have a dispute about payments.
Consumer Guarantee act.
The Consumer Guarantees Act (CGA) can provide you with some protection for the quality
of goods and services you purchase when you build a house or do other work around home.
Fencing of Swimming Pools.
If you have a swimming pool or spa pool you are responsibile for fencing it to prevent unsupervised access.
Health and Safty in Employment Act.
We look at the legal requirements for keeping people safe on building sites and investigate the responsibilities that homeowners have under the law.
Land Titles.
A Certificate of Title is evidence of your ownership in your property – it also has other important information about your rights and other people’s interests or rights in your land.
PIMs and LIMS.
What are Project Information Memorandums and Land Information Memorandums? How do they differ? When do you need them and how do you apply for them?
Resolving Disputes.
What are the options available to you for sorting our disputes if something goes wrong on your building project?

In the next posts you will see a details about all these acts and Laws.